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| Automotive LAWDOG™ New Hampshire |
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| New Hampshire Revised Statutes, Title XXI, Motor Vehicles |
| Application for Certificate The
application for a first certificate of title of vehicle in the state of New Hampshire must
be made by owner to the department on approved form, and must contain name, residence and
mailing address of owner, complete description of vehicle, whether new or used, date of
purchase by applicant, name and address of person from whom vehicle was acquired, names
and addresses of any lienholders in order of priority and date of each security agreement.
See New Hampshire Revised Statutes Section 261:4 |
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| New Car Certificate of Origin
If the vehicle is new, the application must be accompanied by a certificate of origin from
a manufacturer or importer and any further information the director reasonably requires to
identify vehicle, determine whether owner is entitled to a certificate of title, and to
determine the existence or nonexistence of security interests in vehicle. See New
Hampshire Revised Statutes Section 261:4 |
| Purchase From Dealer If
the application refers to a vehicle purchased from a dealer, it must contain the name and
address of any lienholder holding a security interest created or reserved at time of sale,
date of security agreement and must be signed by dealer as well as owner. The dealer must,
within 10 days of date of sale, mail or deliver to the department the application and
other supporting documents as required by the director, except that when title is in
possession of lienholder at time of sale, dealer is given 20 days from date of sale to
mail or deliver to department the application and other supporting documents. See New
Hampshire Revised Statutes Section 261:4 |
| Out of State If
the application is for a vehicle last previously registered in some other state or
country, the application must contain or be accompanied by any certificate of title issued
by the other state or country, printed in English language, or with notarized translation,
a certificate of a person authorized by the director that the vehicle identification
number of vehicle has been inspected and found to conform to description, and any other
information and documents the director reasonably requires to establish ownership of
vehicle and the existence or nonexistence of security interests in it. See New Hampshire
Revised Statutes Section 261:4 |
| Town Clerks, Dealers, Financial
Institutions and Documents The department furnishs every town clerk,
and may furnish to certain dealers and financial institutions, forms for application for
certificate of title and shall have such forms available at the office of the division.
These forms are prepared in typewritten form from information supplied by owner, either by
an employee of the division, town clerk, dealer or financial institution. Every
application for certificate of title must be examined by the town clerk to determine
whether it has been completed according to law. For preparation, examination, record
keeping, and filing of such forms a town clerk must be paid a fee of $2 by owner of each
application, in addition to any other fees. For preparation of such forms and
remittance of required fees, dealer or financial institution charging more than maximum
fee of $2 is guilty of a violation. See New Hampshire Revised Statutes Section
261:4 |
| No Dealer? Mail or Deliver
Within 20 Days If application refers to a vehicle not purchased from a
dealer, the application and other supporting documents as required, must within 20 days of
date of sale be mailed or delivered to the department by owner. See New Hampshire Revised
Statutes Section
261:4 |
| New Certificate To Lienholder or
Owner When the department receives a properly assigned certificate of title,
with application for a new certificate of title, required fee and any other documents
required by law, a new certificate of title is issued in the name of transferee as owner
and mailed to first lienholder named in it or, if none, to owner. See New Hampshire
Revised Statutes Section 261:21
Issuance of New Certificate |
| Certificate Required With
limited exceptions, the certificate of title provisions apply to all motor vehicles when a
change of registration is required by reason of a sale for consideration. The department
does not require an application for a certificate of title upon renewal of registration,
if required, of a vehicle. The department notes on face of registration, if required, that
a certificate of title has been issued. See New Hampshire Revised Statutes Section 261:1. |
| Transfer of Interest in Vehicle
If an owner transfers his interest in a vehicle, other than by creation of a security
interest, owner must, at time of delivery of vehicle, execute an assignment and warranty
of title to transferee on the certificate or approved form, and cause certificate and
assignment to be mailed or delivered to transferee or to department. See New Hampshire
Revised Statutes Section 261:14. |
| Lienholder Must Make Certificate
Available Upon request of owner or transferee, a lienholder in possession
of the certificate of title must, unless the transfer was a breach of security
agreement, either deliver certificate to transferee for delivery to department or, upon
receipt from transferee of owner's assignment, transferee's application for a new
certificate and required fee, mail or deliver them to the department. The delivery of
certificate does not affect rights of lienholder under security agreement. See New
Hampshire Revised Statutes Section 261:14. |
| Certificate To Lienholder
If a security interest is reserved or created at the time of the transfer, the certificate
of title must be retained by or delivered to person who becomes lienholder, and parties
must comply with provisions of RSA 261:25. See New Hampshire Revised Statutes Section
261:14. |
| Liability With
exception for dealer sale below, and as between the parties, a transfer by an owner is not
effective until the provisions of this section and other sections covering lien creation
have been complied with. However, when owner has delivered possession of vehicle to
transferee and has complied with provisions of this section and Revised Statutes 261:19
requiring action, owner is not liable as owner for any damages thereafter resulting from
driving of vehicle. See New Hampshire Revised Statutes Section 261:14. |
| Resale by a Dealer If a
dealer buys a vehicle and holds it for resale and procures certificate of title from owner
or lienholder within 10 days after delivery to him of vehicle, dealer is not required to
send certificate to department but, upon transferring vehicle to another person other than
by creation of a security interest, must promptly execute assignment and warranty of title
by a dealer, showing names and addresses of transferee and any lienholder holding a
security interest created or reserved at time of the resale and date of security
agreement, on certificate or approved form, and mail or deliver the certificate to the
department with transferee's application for new certificate. See New Hampshire Revised
Statutes Section 261-15 Resale
by a Dealer. |
| New Hampshire Revised
Statutes |
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New Hampshire Department of Safety
Division of Motor Vehicles
10 Hazen Drive,
Concord, New Hampshire 03305-0002
Voice (603) 271-3111
(603) 271-2589 |
| TITLE 21
Motor Vehicles |
| New Hampshire Revised
Statutes |
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| Chapter 361A Retail
Installment Sales of Motor Vehicles |
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| Attorney's Fees Reciprocal for Consumer If
a retail installment contract or evidence of indebtedness provides for attorney's fees to
be awarded to retail seller, lender or creditor in any action, suit or proceeding against
retail buyer, borrower or debtor involving the sale, loan or extension of credit, the
contract or evidence of indebtedness must also provide that reasonable attorney's fees be
awarded to buyer, borrower or debtor who prevails in any action, suit or proceeding
brought by retail seller, lender or creditor, or action brought by buyer, borrower or
debtor. If a buyer, borrower or debtor successfully asserts a partial defense or set-off,
recoupment or counterclaim to an action brought by retail seller, lender or creditor, the
court may withhold the entire amount or such portion of the attorney fees as court
considers equitable. See New Hampshire Revised Statutes Section 361-C:2 Attorney's Fees
for Consumer. |
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| Sales Finance Companies and Retail
Sellers Licensed No person may engage in the business of a sales finance
company or retail seller in New Hampshire without a license as provided in this chapter.
Federally chartered banks, savings banks, trust companies, credit unions, cooperative
banks, and industrial banks generally not required to obtain license but must comply with
the provisions of Revised Statutes 361-A:7-12, unless otherwise exempted. See New
Hampshire Revised Statutes Section 361:A:2 Licensing of
Sales Finance Companies and Retail Sellers Required. |
| TITLE
33A Retail Installment Sales |
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| Dealer License Required Each
dealer, as defined, must apply for and obtain from the department a motor vehicle license
before engaging in any motor vehicle business activity in New Hampshire. The department
approves and provides forms to be used for applications for licenses and for renewals,
issued under terms and provisions of this chapter. See New Hampshire Revised Statutes Section
261-103-a. |
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| New Hampshire Revised Statutes, Title XXI, Motor Vehicles |
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| Copyright © 1996-2001 by
LAWDOG.COM Publishing, Inc. |
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